SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification filed by the parties listed below to modify
the application of existing mandatory safety standards published in
Title 30 of the Code of Federal Regulations.

DATES: Comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before October 18, 2007.

ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. E-Mail: Standards-Petitions@dol.gov.
2. Telefax: 1-202-693-9441.
3. Hand-Delivery or Regular Mail: Submit comments to the Mine
Safety and Health Administration (MSHA), Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349,
Arlington, VA 22209, Attention: Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances.
We will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.

Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary determines that: (1) An
alternative method of achieving the result of such standard exists
which will at all times guarantee no less than the same measure of
protection afforded the miners of such mine by such standard; or (2)
that the application of such standard to such mine will result in a
diminution of safety to the miners in such mine. In addition, the
regulations at 30 CFR 44.10 and 44.11 establish the requirements and
procedures for filing petitions for modifications.

II. Petitions for Modification

Docket Number: M-2007-049-C.
Petitioner: Armstrong Coal Company, Inc., 407 Brown Road,
Madisonville, Kentucky 42431.
Mine: Big Run Mine, MSHA I.D. No. 15-18552, located in Ohio County,
Kentucky.
Regulation Affected: 30 CFR 75.1908(a)(1) (Nonpermissible diesel-
powered equipment; categories).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance for the
requirement that equipment that cuts or moves rock or coal be included
in the category of heavy-duty diesel-powered equipment. Specifically,
the Big Run Mine operates a ``mini-trac'' fork lift tractor and will
replace the forks with a bucket for limited use. Gas test will be
conducted as required under 30 CFR 75.1914(g) (ATX 620 multi-gas
detectors) as recommended in the guidelines from the Center for Diesel
Research (An Emissions-Assisted Maintenance Procedures for Diesel
Equipment, ``Evaluation of Technology to Reduce Diesel Particulates'').
These guidelines serve as the basis for the standard operating
procedures. The petitioner states that: (1) With the procedures in
place, those working in the mine will be in the intake (fresh air) at
all times and at no time will any miner be subject to the exhaust
emissions generated from the mini-trac; (2) two 20-pound fire
extinguishers and 240 pounds of rock dust will be maintained within 150
feet of the mini-trac at all times in addition to the fire suppression
system located on the mini-trac; (3) the mini-trac will be used to
clean the escapeway on a limited basis only when the mine is idle and
when the mine returns back to production, use of the mini-trac with
forks attached only for hauling supplies; (4) no more than five miners
will be underground while the mini-trac is in use during rehabilitation
of the air course; (5) the miners who are underground will be stationed
outby the machine and will not be exposed to dust or gases inby during
rehabilitation of the air course; and (6) training will be provided to
each miner who operates the mini-trac in the proper inspection and
recognition of any deficiencies in the use of the equipment. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded by
the standard.

Docket Number: M-2007-050-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: # 11 Slope Mine, MHSA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue
teams).
Modification Request: The petitioner requests a modification of the
existing standard to permit the reduction of two mine rescue teams with
five members and one alternate each, to two mine rescue teams of three
members with one alternate for either team. The petitioner states that
the mine is a small anthracite mine and an attempt to utilize five or
more rescue team members in the mine's confined working places would
result in a diminution of safety to both the miners at the mine and the
members of the rescue team. Further, the petitioner states that the
mining method used greatly reduces the threat of a disaster and need
for rescue teams. The petitioner asserts that the proposed alternative
method will in no way provide less than the same measure of protection
afforded the miners under the existing standard.

Docket Number: M-2007-053-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: #11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed
intervals).
Modification Request: The petitioner proposes to modify the
application of the standard at its above referenced anthracite coal
mine to permit an alternative method of examination and evaluation. The
petitioner's intake slope has a pitch of 66 degrees. The petitioner
would: (1) Conduct an examination and evaluation from the slope gunboat
during the pre-shift examination after an air quantity reading is taken
just inby the intake portal, including a visual examination of each
seal for physical damage; (2) take an additional air reading and gas
test for methane and oxygen deficiency at the intake air split
location(s) just off the slope in the gangway portion of the working
section; and (3) have the examiner place the date, time and his/her
initials at locations where air readings and gas tests are taken prior
to anyone entering the mine and properly record the results. The
petitioner states that: (1) The slope will be traveled and physically
examined in its entire length on a monthly basis regardless of
conditions found at the section evaluation point; (2) the dates, times,
and examiner's initials will be placed at sufficient locations
throughout, and results of the examination will be recorded on the
surface; and (3) any hazards detected will be corrected prior to
transporting personnel in the slope. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as the existing standard.

Docket Number: M-2007-054-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: #11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1100-2(a)(2) (Quantity and location
of firefighting equipment).
Modification Request: The petitioner requests a modification of the
existing standard 30 CFR 75.1100-2(a)(2), which requires that each
working section of underground coal mines producing less than 300 tons
of coal per shift be provided with specified firefighting equipment and
supplies. The equipment and supplies include two portable fire
extinguishers, 240 pounds of rock dust in bags or other suitable
containers, and at least 500 gallons of water and at least 3 pails of
10 quart capacity. The petitioner proposes to use portable fire
extinguishers only, to replace existing requirements where rock dust,
water cars, and other water storage equipped with three 10 quart pails
are not practical. The petitioner states that equipping its small
anthracite mine with two portable fire extinguishers near the slope
bottom and an additional portable fire extinguisher within 500 feet of
the working face will provide no less than the same measure of
protection as under the existing standard. The mine produces low
volatile coal and the working section requires frequent de-watering.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.

Docket Number: M-2007-055-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: #11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
Modification Request: The petitioner proposes to use cross-sections
instead of contour lines through the intake slope at locations of rock
tunnel connections between veins, and at 1,000 foot intervals of
advance from the intake slope. In addition, the petitioner proposes to
limit the required mapping of the mine workings above and below to
those present within 100 feet of the veins being mined, except when
these veins are interconnected to other veins beyond the 100-foot
limit, through rock tunnels. The petitioner states that contours
provide no useful information due to the steep pitch encountered in
mining anthracite coal veins, and their presence would make portions of
the map illegible. The petitioner further states that use of cross-
sections in lieu of contour lines has been practiced since the late
1800's and provides critical information about the spacing between
veins and the proximity to other mine workings, which fluctuate
considerably. Additionally, the petitioner states that the mine
workings above and below are usually inactive and abandoned, and
therefore not subject to changes during the life of the mine. The
petitioner states that all mapping for mines above and below are
researched by its contract engineer for the presence of interconnecting
rock tunnels between veins in relation to the mine and a hazard
analysis is done when mapping indicates the presence of known or
potentially flooded workings. The petitioner asserts that when evidence
indicates that prior mining was conducted on a vein above or below and
research exhausts the availability of mine mapping, the vein will be
considered to be mined and flooded and appropriate precautions will be
taken under 30 CFR 75.388, where possible. Where potential hazards
exist and in-mine drilling capabilities limit penetration, petitioner
will drill surface boreholes to intercept the mine workings and will
analyze the results prior to mining in the affected area. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard.

Docket Number: M-2007-056-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: #11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary
notations, revisions, and supplements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the required interval of survey to be
established on an annual basis from the initial survey lieu of every 6
months. The petitioner proposes to update the mine map by hand
notations on a daily basis, conduct subsequent surveys prior to
commencing retreat mining, and when either a drilling program under 30
CFR 75.388 or plan for mining into accessible areas under 30 CFR 75.389
is required. The petitioner states that: (1) Low production and slow
rate of advance in anthracite mining make surveying on 6 month
intervals impractical and, in most cases, annual development is
frequently limited to less than 500 feet of gangway advance with
associated up-pitch development; (2) the majority of small anthracite
mines are using non-mechanized, hand-loading mining methods; (3)
development above the active gangway is designed to mine into the level
above at designated intervals thereby maintaining sufficient control
between both surveyed gangways; and (4) the available engineering/
surveyor resources are very limited in anthracite coal fields which
makes surveying difficult to achieve. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as the existing standard.

Docket Number: M-2007-057-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: #11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
Modification Request: The petitioner proposes to use the slope
(gunboat) to transport persons in shafts and slopes using an increased
rope strength/safety factor and secondary safety rope connection
instead of using safety catches or other no less effective devices. The
petitioner asserts that a functional safety catch has not been
developed and that the proposed alternative method would provide at
least the same measure of protection as the existing standard.